Criminal Threats — PC 422 | Law Office of Aaron P. McAllister

In plain English

How serious is this?

A criminal threat is a threat to seriously hurt or kill someone, made in a way that puts them in genuine, lasting fear. It can be charged over a single sentence — but the law sets a high bar for what actually qualifies, and that bar is where a defense begins.

This can be a strike A felony conviction for criminal threats counts as a strike under California's Three Strikes law. It follows you for life and can double the sentence on any future felony. Keeping the charge a misdemeanor — or defeating it — is often the single most important objective in these cases.

Words alone can be the crime No weapon, no violence, and no act beyond the words is required. A single statement — spoken, texted, emailed, or posted — can support this charge if the other elements are met. The exact wording, the context, and what the other person actually felt are where these cases are won or lost.

Case reference — PC 422 · criminal threats
Case reference	PC 422 · criminal threats
Section	PC 422
Severity	Wobbler (misd / felony)
Act required	Words only
Injury required	No
Custody exposure	≤ 1 yr jail · or 16 mo–2–3 yrs prison
Strike	Yes if felony
Weapon add-on	+1 yr if used
Instruction	CALCRIM 1300

Reduction paths: PC 17(b) motion · plea to attempted threat, disturbing the peace (PC 415), or harassment. Each threatened person can be a separate count. Figures are ranges — confirm against current statute.

What it carries, on paper

Penalties — PC 422 · criminal threats
Penalty	Range
If a misdemeanor	Summary probation · up to 1 year county jail · fine verify — see note below
If a felony	Formal probation · 16 months, 2, or 3 years state prison · fine up to $10,000
Weapon enhancement	One additional, consecutive year if a deadly or dangerous weapon was used to make the threat
Strike consequences	A felony conviction counts as a strike — future felonies carry doubled sentences and reduced credits
Firearms	A felony conviction means a lifetime firearms ban; a misdemeanor carries a 10-year ban verify
Immigration	Can be treated as a crime involving moral turpitude — serious risk for non-citizens verify
Also expect	Possible protective order · counseling · victim restitution

The first few hours

Common mistakes people make early

Criminal-threats cases turn on words and context, so what you say and do after the arrest can matter as much as the original statement.

Explaining the "real" meaning to police Trying to clarify what you meant usually just confirms you said it — and your intent is one of the things the prosecution has to prove.

Contacting the person to apologize or smooth it over A well-meant message can be read as a fresh threat or as witness tampering — and can support a "sustained fear" argument. Route everything through your lawyer.

Deleting texts, posts, or messages The full exchange often shows context, provocation, or that no one was truly afraid — deleting it looks like consciousness of guilt and destroys your own best evidence.

Assuming "I was just venting" ends it It may be a real defense — but it's one your lawyer raises strategically, not something to argue with the police.

Underestimating a "minor" threat Because a single sentence can be a strike, no criminal-threats charge is minor. Treat it seriously from day one.

Waiting to get a lawyer The misdemeanor-or-felony decision is often still open early — that's when it can be influenced.

Before the first meeting

What to bring your lawyer

Any charging or arrest paperwork, and any protective order.
The complete exchange — every text, email, voicemail, DM, or post, in full and in order, not just the part quoted against you.
An honest account of what was said, what led up to it, and the relationship with the other person.
Names and numbers of anyone who was present or heard it.

Mitigation packet — bring whatever applies

Good outcomes often turn on who you are, not just what happened. Start gathering these early — we use them to argue for reduction, diversion, or a lighter sentence. This same packet helps in any charge we defend, so it's worth building once and keeping.

Education — diplomas, transcripts, enrollment or admission letters.
Family & dependants — photos of your children and family, and proof you support them.
Military service — proof of service or discharge papers (DD-214).
Employment — proof of work, a letter from your employer, recent pay records.
Medical — diagnosis, hospital records, and treatment history for any condition.
Steps already taken — proof of enrollment in an anger-management, counseling, or treatment program.
Character — reference letters and evidence of community or volunteer involvement.

What you can do now

Preserve the full conversation — screenshot everything in context; do not delete or edit anything.
Have no contact with the other person, directly or through friends — route everything through your lawyer.
Consider enrolling voluntarily in an anger-management or counseling program — starting before court shows real initiative.
Write down exactly what was said and what was happening while it's fresh.
Avoid discussing the case with anyone but your lawyer — and never on social media.

The law — for counsel

Elements

CALCRIM 1300 sets out what the People must prove beyond a reasonable doubt:

Penal Code § 422 · CALCRIM 1300

(1) The defendant willfully threatened to unlawfully kill or cause great bodily injury to another person; and (2) the threat was made orally, in writing, or by electronic communication; and (3) the defendant intended the statement to be understood as a threat, and intended it be communicated to the target; and (4) the threat was so clear, immediate, unconditional, and specific that it conveyed a serious intention and an immediate prospect that it would be carried out; and (5) the threat actually caused the target to be in sustained fear for their own safety or that of their immediate family; and (6) that fear was reasonable under the circumstances.

Counterintuitive points

No intent, or ability, to actually carry it out is required. The crime is the threat and its effect, not any plan to act. verify
"Sustained fear" is a real threshold. Momentary or fleeting fear is not enough — fear that is brief and quickly dispelled can defeat the charge. verify — People v. Allen / In re Ricky T.
Conditional, vague, or emotional outbursts may fall outside the statute where they lack the required immediacy and specificity — context is everything (In re George T.). verify
A pure gesture or ambiguous act is not enough — the threat must be communicated as a threat; but it can be conveyed through a third party.
Specific intent crime. Unlike ADW, the defendant must intend the statement be taken as a threat — which opens genuine intent defenses (venting, joke, hyperbole).
Counting. Each person placed in sustained fear can be charged as a separate count; multiple threats to one person over one objective may not multiply. verify

Where it is fought

Jury instructions & bench notes

CALCRIM 1300 is the core instruction. verify against current CALCRIM edition
Watch the bench notes on "sustained fear," on the unequivocal/unconditional/immediate/specific requirement, and on the reasonableness of the fear.
Lesser included / alternative instructions worth considering: attempted criminal threat, and PC 415 (disturbing the peace).
First Amendment overlay: true-threat analysis (In re George T.; and note recent U.S. Supreme Court treatment of the mental-state requirement for true threats). verify current authority

Common defenses

Not a genuine threat: vague, ambiguous, conditional, or hyperbole — lacking the immediacy and specificity the statute demands.
No sustained fear: the reaction was fleeting, or later conduct (staying, laughing, continued contact) undercuts the claim of lasting fear.
Fear was not reasonable under the circumstances.
No intent it be taken as a threat: venting, a joke, or emotional outburst — the specific-intent element is the most attackable.
Protected speech: the statement falls outside the "true threat" exception to the First Amendment.
False or exaggerated accusation: impeach with the full exchange, motive, and prior inconsistent statements.
Mistaken identity where the threat was electronic or relayed.
Unlawful search or interrogation: suppression under PC 1538.5 / Miranda.

Common questions

FAQs

01Can I really be charged over just words?

Yes. Criminal threats requires no weapon and no violence — the words themselves are the offense, if they were serious, specific, and put the other person in genuine, lasting fear. But that high bar is also what makes these cases defensible.

02Does a text or social-media post count?

Yes. A threat made by text, email, DM, or post can support the charge just as a spoken one can. The full exchange around it often matters as much as the message itself.

How we help

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Draft — pending firm verification
Laid up 4 August 2026 by ByteZero Marketing from the firm's supplied charge-page template (31 July 2026), for review by the Law Office of Aaron P. McAllister. Every legal statement follows the firm's template wording; every legal figure to be verified against primary authority and approved before publication. Primary sources: Pen. Code § 422; CALCRIM 1300. To be revisited if the statutes or jury instructions change.

Law Office of Aaron P. McAllister — Aaron P. McAllister, Esq., responsible attorney. 3415 S Sepulveda Blvd, Suite 1100, Los Angeles, CA 90034. Attorney advertising. This page is general information about California law, not legal advice. Prior results do not guarantee a similar outcome. Submitting information through this website does not create an attorney–client relationship.